The appellant mining company appealed an interim injunction that halted its exploration activities and required consultation with the respondent First Nation.
Prior to the appeal, the Mining Amendment Act, 2009 came into force, establishing a new legislative regime for exploration plans and permits involving Aboriginal interests.
The Divisional Court declined to hear the appeal, finding it moot because the rights and obligations of the parties now rested on the new statutory foundation, rendering the propriety of the original injunction an academic exercise.
